hydraulic fluid spill

South Carolina
1)We have hydraulic fluid stains on our driveway.
2)The stains were created by driving through leaked, spilled, or dropped hydraulic fluid.

Four (4) companies are involved and each in pointing fingers at each other.
Their investigation revealed that "X1S" Company delivered a forklift at the intersection of "XX" Road and the "XXX" Center driveway. This delivery took place on 9/20/200?. It was raining that day. At that time "X2P" , their investigation has not produced any eye-witnesses who actually saw hydraulic fluid leaking from any piece of equipment as the leak was taking place, however they did receive a letter from a homeowner who did see a piece of equipment that appeared to have broken down. This homeowner described the equipment as being parked half in and out of the "XXX" center driveway with no workers around. "X2P" investigation also revealed that "X2P" had no such equipment parked in the area, yet "X1S" (at the request of "X3L" company, a contractor for "X4PE" company) did, in fact, make such a delivery on 9/20/200?. "X2P" company was told that XX Person, witnessed the equipment at this location on 9/20/200? as well.

It is "X2P" company position that they are not legally liable for the damage to the driveways. "X2P" states they did not cause the spill. X2P" states they did not hire the contractor who caused the spill. "X2P" says it had no actual or constructive notice of the spill, and therefore had no opportunity to clean up the spill in a reasonable amount of time (considering it was raining at the time and "X2P" states it did not know the spill even took place). "X2P" company states it had no supervision, direction or control over the parties that they believe caused the spill. "X4PE" hired "X3L" to do work on the easements in the community. '"X3L", in turn, hired "X1S" to deliver the equipment in question. Accordingly, "X2P" company contends they can not be held legally liable for the damages and therefore has no duty or responsibility to repair the driveways.

Please note that the spill was on "X2P" property. Is "X2P" and "X1S" and "X3L" equaly liable for the damage caused by the spill?What is the name of your state?

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.

IMPORTANT NOTICEFreeAdvice.com has been providing millions of consumers with outstanding information and "advice" free since 1995 with thousands of professionally prepared and reviewed articles, questions and answers in more than 100 categories in the Question and Answerpages at FreeAdvice.com. THE VIEWS EXPRESSED ON THIS AND OTHER FORUM PAGES WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM and are provided AS IS. The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums. Use of the Forums is subject to our Disclaimer and our Terms and Conditions of use which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.